Private Streets Maintenance Agreement 2005-1118894
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2005-111 8894
" 8544 1111111111111111111111111111111111111111111111111111111111111111111111
~ RECORDING REQUESTED BY DEe 30, 2005 9'05 AM
~ CITY OF POWAY
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(, AND WHEN RECORDED MAIL TO '-,,wJ~ LilEGCi CDurH'1 RECUF:[IEFi":o OFFICE
C1F:EI-iOR'1 .1 ':;~','1ITH COUt'jT'1 REClJR[IEF:
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CITY CLERK P'::',t;E '~, ,;
CITY OF POWAY 111111111111111111111111111 nlll nlll nllllllll nllllllll nll\ nlll nlll nlllnl
POBOX 789
POWAY, CA 92074
2005-1118894
(THIS SPACE FOR RECORDER'S USE)
APN 321-161"06
PRIVATE STREETS MAINTENANCE AGREEMENT
THIS PRIVATE STREET7' MAINTENANCE AGREEMENT ("Agreement") dated for reference
purposes as of the ? ';:.. day of lfc'DI1"Jr7Z2005, is entered into between Mark Wood
Norris and Vivia~ Ha Norris, hereinafter referred to as "OWNER", and the CITY OF POWAY, a
municipal corporation, hereinafter referred to as "CITY"
WHEREAS, this Agreement is required as a condition of approvaLby the CITY of abuilding permit
pursuant to Section 1752.040 of the Municipal Code and Ordinance 303 and 304 relative to
construction of a single family residence at 15900 Blue Crystal Trails: and
WHEREAS, Owner wishes to provide for the maintenance and repair of those certain PRIVATE
STREETS described and shown on Exhibit A attached hereto and made a part hereof, hereinafter
referred to as the "PRIVATE STREETS"; and
WHEREAS, Owner is the owner of certain real property being developed as a single family house at
15900 Blue Crystal Trails that will use and enjoy the benefit of such PRIVATE STREETS A
complete legal description of said,real property is included in Exhibit B attached hereto and made a
part hereof Said real property is' hereinafter referred to as the "Property", and
WHEREAS, it is the mutual desire of the parties hereto that thePRIVATE STREETS be maintained
and repaired in a safe and usable,condition, and
WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant
'running with the Property, binding upon each successive owner of the Property
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS
1 The property,benefited by this Agreement is the Property The present and successive
owners of all or any portion of the Property are expressly bound hereby for the benefit of the
Property
2. The cost of maintaining the PRIVATE STREETS shall be borne by the OWNER orhis or her
heirs, assigns, and successors in interest. Notwithstanding, the foregoing, OWNER may
seek contributions or recompense from and by all other ,owners, heirs, assigns and
successors in interest who may be obligated under similar Private Street Maintenance
Agreements with the City of Poway relevant to this section of private roadway
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3. The repairs and maintenance to be performed under this Agreement by or'on behalf of the
OWNER shall be, limited to the following: rE3a~onable and normal road improvement
mairitenance\workto'adequately maintain the PRIV A TESTREETS and any related drainage
facilities tOPEJrmit normal access, ingress and egresstoand from the Property Repairs and
maintenance under this Agreement shall include, butare not limited to, ,filling of chuckholes,
repairing,cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage
structures, removing debris, maintaining signs, markers, striping and lighting, if any, and
such other work as is reasonably necessary or proper to repair and preserve the PRIVATE
STREETS for normal access, ingress and egress purposes.
4 The obligation of the OWNER as outlined herein shall commence with the issuance of a
building permit by the CITY to construct a single family dwelling at 15900 Blue Crystal Trails.
5. In the event the OWNER retains a contractor to perform any maintenance and obligation
with respect ,to the PRIVATE STREETS, the OWNER, shall require such contractor to
maintain liability insurancetp cover any liability arising as a result of its activities with regard
to such maintenance activities.
6, OWNER shall defend and i[1demnify and hold harmless CITY, CITY's engineer and their
consultants and each of their officials, directors, officers, agents and employees from and
against all liability, claims, damages, losses, expenses, personal injury and other costs,
including costs of defense and attorney's fees, incurred by or payable to any other use of the
PRIVATE StREETS, or to any other third parties arising out of or inany way related to the
use, repair or maintenance of tile PRIVATE STREETS. Nothing in this Agreement, the
specifications, or other contract documents or CITY's approval of the plans and
specifications for or inspection of the work regarding thePRIV A TE STREETS is intended to
include a review, inspection, or acknowledgment of a,respcinsibility for any such, matter, and
CITY; CITY's engineer, and tiJeir consultants, and each of-their officials, directors, officers,
employees and agents; shall have absolutely no responsibility or liability therefor
7 If in the CITY's sole, judglllent the PRIVATE STREETS are not being maintained to
standards set forth in paragraph 3 of this Agreement, the CITY may thereupon provide
written notice to the OWNER to. initiate repairs or construction within ninety (90),days. Upon
failure to demonstrate good faith to make repairs or construction within ninety (90)days,of
receipt of such notice the QWNERagrees that the CITY may make all needed repairs to the
PRIVATE STREETSto'meet the standards set forth in. paragraph 3 and to then assess the
costs thereof to the OWNER. The OWNER shall reimburse the CITY for all reasonable
costs incurred by the CITYinconnection with such maintenance activities. If the OWNER
does not so reimburse the CITY within thirty (30) days after CITY's demand, then CITY may
pursue all of its remedies at law or in equity
8. II the CITY elects to make necessary repairs in accordance with paragraph 7 above, said
work shall be without warranty Said repair shall be'accepted "as is" by the OWNER and
without any warra.nty of workmanship.
9, TheJoregoing covenants shall run with the land and shall be deemed to be for the benefit of
the land of each, and every person who shall at any time own all or any portion of the
ProfJerty referred to herein.
10, lt is understood and agreed that the covenants .hereincontained shall be binding on the
heirs, executors, administrators, successors and assigns of the OWNER.
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11. It is the purpose of ihe signatory hereto that this instrument beregorded to the end and
intent that,theobligations hereby created shall be and constitutea'covenant running with the
land and any:sJbsequentpurchaser of all or any portio!) of the Property, by acceptance ,of
delivery of a deed and/or conveyance, regardless ,cifform, shall be deemed to have
consented io and become bound by this Agreement.
12. This Agreement'shall be governed by the laws of the State of California. In. the event that
any of the provisions of this Agreement are held to be unenforceable or invalid 'by any court
of competent jurisdiction, the validity and enforceability of the remaining provisions shall not
be affected thereby
IN WITNESS WHEREOF, the. parties have executed this Agreement on the dates set forth
hereinafter
For OWNER' ~~~ Date: /2 -02.- 0 ;;
"1V1ark Wood Norris
i()J~ Date' /:2" tJ.2- - .7 -l ~
ViVian Ha Norris
FO'CITYOFPOWA#J 1~ Date:~
~
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
County of SA-n ]) l1=="hO ss.
I ~-d-OSI
, On
Date
1 I
personally appeared
I'
o personally known to me
1 E-.proved to me onlhe basis of satisfactory I
f' evidence
1
~ - - - -, - -E ~ BREniria,; ~ to be the person(s) whose name(s) 4&'are
. ~ # 148401'1 ~ subscr iiJed to the,' w, ithin instrument and
, ~. NoIaly PUbIii: ,~ j"- acknowledged to me that:.AelsAe/they executed
I ~ SciilDlegOCoun\V d~' the same In hffillter/thell authOrized "
MyCamm.&p.8sMaVl5, , capaclty(,es), an!! that by _/thell
t _ _ _ _ _ _ _ ._ _ - - signature(s) on the"nstrument the person(sl, or
5 -/ 5"-08'" the entity upon behalf of which, the person(s)
r acted, executed the instrument.
I, I
OPTIONAL "
Thoug/1 the information below Is not required by law, it may prove valuable to persons relying on: the document and cou/(! prevent
1 fiaudulenr re.movaJand reattachment of this form to another document. I
I Description of Attactled;Document '
1 Title or Type of Document:P~ ~
Document Date: \:d - d~D5 Number of Pages:
I Signer(s) Other Than Named Above:
I
Capacity(ies) Claimed by Signer
Signer!sName:
I
r 0 Individual Top'of thumb here
I 0 Corporate Officer -Title(s):
o Partner _ 0 Limited ,0 General
o Attorney-in-Fact
o Trustee
D Guardian or Conservator
1 0 Other'
I 1
Signer Is'Representing: 1
@ 1999 National Notal)' ASSociation. 9350 De Solo Ava.~'P.O: Box 2402' Ghatsworth, CA 91313-2402 . www.nationalnolary.orgProd.No. 5907 Reorder: Call Toll-Free 1.800.676-6827
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EXHIBIT A
Parcel 2:
An easement for private roadway purposes upon, along and across a portion of that certain
propertygrantedto Robert,M. A1taffer and Mary Ann A1taffer in Document No, 1995-0084796,
recorded:February 28, 1995 in Official Records of San Diego County, also being a portion of the
Parcel 2 cif Parcel Map No 10784, in the City of Poway, CO)Jntyof SanDiego, State of
California, filed in the Office of the county Recorder of San Diego County, December 11 1980,
being a division of the Northeast Quarter of Section 8, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, according to Official Plat therof and described as follows:
Beginning.at the Northeast corner of saig Parcel 2; thence along the East line of said Parcel 2,
South 03022'09" West, 45.12 feet to the beginning of a non-tangent2,070.00 foot radius curve,
concave Northwesterly, a radial line thereto bears South 23054'27" East; thence Southwesterly
along said curve through a central angle.of 02000'36" a distance of 72.62 feet; thence North
82020'01" West 83.72 feet to a poiill'of the Northwesterly line of said Parcel 2 and the
Sou~heasterly right of way line of Poway Road as shown on said Parcel Map No.1 0784, said
Northwesierly line of Parcel 2 being a curve concave Northwesterly, having a radius of 2,030.00
feet, a radial line thereto bears South 19050'30" East; thence Northwesterly along said curve
through a central angle of 04038'58" a distance of 164 73 feet to the point of Beginning.
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EXHIBIT B
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 9, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, LYING EASTERLY OF
THE FOLLOWING DESCRIBED LINE.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9 AS SHOWN AND
DESCRIB.ED ON..RECORD OF SURVEY MAP NO 8938, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 18, 1982AS FILE NO 82-044724 OF
OFFICIAL RECORDS, THENCE ALONG THE NORTHERLY LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, NORTH 89059'29" EAST, 689.24
FEET (NORTH 89023'48" EAST RECORD) TO THE TRUE POINT OF BEGINNING, THEN,cE
SOUTH 02056'27" EAST 1308.43 FEET TO THE SOUTHERLY LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9
EXCEPT THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 9, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEROF, LYING WESTERLY OF THE FOLLOWING
DESCRIBED LINE.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9 AS SHOWN AND
DESCRIBED ON RECORD OF SURVEY MAP NO 8511, AS FILED IN THE OFFICE OF THE
COUNTY RECORDER OF ~AIDCOUNTY ON MAY 22,1980; THENCE ALONGTHE WESTERLY
LINE THEREOF, SOUTH 08006'34" WEST 2725.78 FEET (SOUTH 07"35'13" WEST 2725.86
FEET RECORD TO THE SOUTHWEST CORNER OF SAID SECTION 9
AS PER AGREEMENT IN OWNERSHIP STATEMENT SHOWN ON RECORD OF SURVEY NO
16469, RECORDED FEBRURARY 1,2000 AS FILE NO 2000-0051920 OF OFFICIAL RECORDS
OF SAN DIEGO COUNTY